Annex 10
Referred to in Chapter 12 (Movement of Natural Persons)
SPECIFIC COMMITMENTS
ON THE MOVEMENT OF NATURAL PERSONS
PART 1
SPECIFIC COMMITMENTS OF AUSTRALIA
1.
Australia requires a natural person of Japan seeking entry and temporary stay in
Australia under the provisions of Chapter 12 (Movement of Natural Persons) and this
Annex to obtain, prior to entry, an appropriate visa or permit or other document or
electronic authority granting entry and temporary stay and comply with any relevant
requirements.
2.
For the categories of specific commitments in Part 1 of this Annex Australia shall
not impose or maintain any limitations on the total number of visas to be granted to
natural persons in the form of numerical quotas or the requirement of an economic
needs test.
For the purposes of this Part, the term “actively operating” means that the
enterprise concerned is engaged in substantive business operations in Australia.
Note:
Section 1
Business Visitors of Japan
1.
Entry and temporary stay shall be granted to a natural person of Japan referred to
in subparagraph 3(a) for a period of up to 90 days.
2.
Entry and temporary stay shall be granted to a natural person of Japan referred to
in subparagraph 3(b) for a period of up to six months, with the possibility of further
stay.
3.
A business visitor of Japan means a natural person of Japan who is:
(a)
a natural person seeking to travel to Australia for business purposes,
including for investment purposes, whose remuneration and financial
support for the duration of the visit must be derived from sources outside
Australia, and who must not engage in making direct sales to the general
public or in supplying goods or services themselves; or
(b)
a service seller, who is a natural person not based in Australia whose
remuneration and financial support for the duration of the visit must be
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derived from sources outside Australia, and who is a sales representative
of a service supplying enterprise, seeking entry and temporary stay for
the purpose of negotiating for the sale of services or entering into
agreements to sell services for that service supplying enterprise.
Section 2
Intra-Corporate Transferees of Japan
1.
Entry and temporary stay shall be granted to an intra-corporate transferee of Japan
referred to in subparagraph 3(a) for a period of up to four years, with the possibility of
further stay.
2.
Entry and temporary stay shall be granted to an intra-corporate transferee of Japan
referred to in subparagraph 3(b) for a period of up to two years, with the possibility of
further stay.
3.
An intra-corporate transferee of Japan means an employee of an enterprise of
Japan established in Australia through a branch, subsidiary or affiliate which is lawfully
and actively operating in Australia, who is transferred to fill a position in the branch,
subsidiary or affiliate of the enterprise in Australia, and who is:
(a)
an executive or a senior manager, who is a natural person responsible for
the entire or a substantial part of the operations of the enterprise in
Australia, receiving general supervision or direction principally from
higher level executives, the board of directors or stockholders of the
enterprise, including directing the enterprise or a department or
subdivision of it; supervising and controlling the work of other
supervisory, professional or managerial employees; and having the
authority to establish goals and policies of the department or subdivision
of the enterprise; or
(b)
a specialist, who is a natural person with advanced trade, technical or
professional skills and experience who must be assessed as having the
necessary qualifications, or alternative credentials accepted as meeting
the domestic standards in Australia, for that occupation, and who must
have been employed by the employer for not less than two years
immediately preceding the date of the application for entry and
temporary stay.
4.
Entry and temporary stay of such a natural person who is seeking entry and
temporary stay in accordance with paragraph 1 or 2 is subject to employer sponsorship.
Full details of employer sponsorship requirements, including the list of eligible
occupations for sponsorship, are available on the website of the Australian government
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department responsible for immigration matters. Employer sponsorship requirements
and eligible occupations may change from time to time.
Section 3
Investors of Japan
1.
Entry and temporary stay shall be granted to an investor of Japan for a period of
up to two years.
2.
An investor of Japan means an executive of an enterprise headquartered in Japan
who is establishing a branch or subsidiary of that enterprise in Australia, and who is a
natural person that will be responsible for the entire or a substantial part of the
enterprise’s operations in Australia, receiving general supervision or direction
principally from higher level executives, the board of directors or stockholders of the
enterprise, including directing the enterprise or a department or subdivision of it;
supervising and controlling the work of other supervisory, professional or managerial
employees; and having the authority to establish goals and policies of the department or
subdivision of the enterprise.
3.
Entry and temporary stay of a natural person who is seeking entry and temporary
stay pursuant to paragraph 1 is subject to employer sponsorship. Full details of
employer sponsorship requirements, including the list of eligible occupations for
sponsorship, are available on the website of the Australian government department
responsible for immigration matters. Employer sponsorship requirements and eligible
occupations may change from time to time.
Section 4
Contractual Service Suppliers of Japan
1.
Entry and temporary stay shall be granted to a contractual service supplier of
Japan for a period of up to one year, with the possibility of further stay.
2.
A contractual service supplier of Japan means a natural person of Japan:
(a)
who has trade, technical or professional skills and experience and:
(i)
who is an employee of an enterprise of Japan that has
concluded a contract for the supply of a service within
Australia and which does not have a commercial presence
within Australia; or
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(ii)
(b)
who is engaged by an enterprise lawfully and actively
operating in Australia in order to supply a service under a
contract within Australia; and
who is assessed as having the necessary qualifications, skills and work
experience accepted as meeting the domestic standard in Australia for
their nominated occupation.
3.
Entry and temporary stay of a natural person who is seeking entry and temporary
stay pursuant to paragraph 1 is subject to employer sponsorship. Full details of
employer sponsorship requirements, including the list of eligible occupations for
sponsorship, are available on the website of the Australian government department
responsible for immigration matters. Employer sponsorship requirements and eligible
occupations may change from time to time.
Section 5
Accompanying Spouse and Dependents
For a natural person of Japan who has been granted the right of entry and
temporary stay under this Chapter for a period of longer than 12 months and who has a
spouse or dependent, Australia shall, upon application, grant the accompanying spouse
or dependent the right of entry and temporary stay, movement and work for an equal
period to that of the natural person.
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PART 2
SPECIFIC COMMITMENTS OF JAPAN
Japan may require a natural person of Australia seeking entry and temporary stay
under the terms and conditions set out in each Section of this Part to obtain an
appropriate visa or its equivalent prior to entry.
Section 1
Short-Term Business Visitors of Australia
Entry and temporary stay for a period not exceeding 90 days, which may be
extended, shall be granted to a natural person of Australia who stays in Japan without
acquiring remuneration from within Japan and without engaging in making direct sales
to the general public or in supplying goods or services himself or herself, for the
purposes of participating in business contacts including negotiations for the sale of
goods or services, or other similar activities including those to prepare for establishing
commercial presence in Japan.
Section 2
Intra-Corporate Transferees of Australia
1.
Entry and temporary stay for a period of one or three years, which may be
extended, shall be granted to a natural person of Australia who has been employed by an
enterprise that supplies goods or services in Japan or by an enterprise that invests in
Japan for a period of not less than one year immediately preceding the date of his or her
application for entry and temporary stay in Japan, who is being transferred to its branch
office or its representative office in Japan, or an enterprise constituted or organised in
Japan owned or controlled by or affiliated with the aforementioned enterprise, and who
will engage in one of the following activities during his or her temporary stay in Japan:
(a)
activities to direct a branch office or a representative office as its head;
(b)
activities to direct an enterprise as its board member or auditor;
(c)
activities to direct one or more departments of an enterprise;
(d)
activities which require technology or knowledge at an advanced level
pertinent to physical sciences, engineering or other natural sciences,
recognised under the status of residence of “Engineer” provided for in the
Immigration Control and Refugee Recognition Act (Cabinet Order No.
319 of 1951); or
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(e)
activities which require knowledge at an advanced level pertinent to
human science, including jurisprudence, economics, business
management and accounting, or which require ideas and sensitivity based
on culture of a country other than Japan, recognised under the status of
residence of “Specialist in Humanities/International Services” provided
for in the Immigration Control and Refugee Recognition Act.
Note:
For the purposes of this Annex, an enterprise is “affiliated” with another
enterprise when the latter can significantly affect the decision making of
the former on finance and business policy.
2.
Activities which require technology or knowledge at an advanced level pertinent
to natural or human sciences referred to in subparagraphs 1(d) and (e) mean activities in
which the natural person may not be able to engage without the application of
specialised technology or knowledge of natural or human sciences acquired by him or
her, by, in principle, completing college education (i.e. bachelor’s degree) or higher
education.
Section 3
Investors of Australia
Entry and temporary stay for a period of one or three years, which may be
extended, shall be granted to a natural person of Australia who will engage in one of the
following activities during his or her temporary stay in Japan:
(a)
activities to invest in business in Japan and manage such business;
(b)
activities to manage business in Japan on behalf of a person other than
that of Japan who has invested in such business; or
(c)
conduct of business in Japan in which a person other than that of Japan
has invested.
Section 4
Natural Persons of Australia Who Engage in Professional Services
Entry and temporary stay for a period of one or three years, which may be
extended, shall be granted to a natural person of Australia who is a legal, accounting or
taxation service supplier qualified under the laws and regulations of Japan (as specified
in the subparagraphs below) and who, not necessarily obtaining a contract to provide
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services, will engage in one of the following activities during his or her temporary stay
in Japan:
(a)
legal services supplied by a lawyer qualified as “Bengoshi”;
(b)
legal advisory services on law of jurisdiction where the service supplier
is a qualified lawyer on condition that the service supplier is qualified as
“Gaikoku-Ho-Jimu-Bengoshi”;
(c)
legal services supplied by a patent attorney qualified as “Benrishi”;
(d)
legal services supplied by a maritime procedure agent qualified as
“Kaijidairishi”;
(e)
accounting, auditing and bookkeeping services supplied by an accountant
qualified as “Koninkaikeishi”;
(f)
taxation services supplied by a tax accountant qualified as “Zeirishi”;
(g)
legal services supplied by a judicial scrivener qualified as
“Shiho-Shoshi”;
(h)
legal services supplied by an administrative scrivener qualified as
“Gyousei-Shoshi”;
(i)
legal services supplied by a certified social insurance and labour
consultant qualified as “Shakai-Hoken-Romushi”; or
(j)
legal services supplied by a land and house surveyor qualified as
“Tochi-Kaoku-Chosashi”.
Section 5
Natural Persons of Australia Who Engage in Business Activities, Which Require
Technology or Knowledge at an Advanced Level, on the Basis of a Personal Contract
with Public or Private Organisations in Japan
1.
Entry and temporary stay for a period of one or three years, which may be
extended, shall be granted to a natural person of Australia who will engage in one of the
following business activities, during his or her temporary stay in Japan on the basis of a
personal contract with a public or private organisation in Japan:
(a)
activities which require technology or knowledge at an advanced level
pertinent to physical sciences, engineering or other natural sciences under
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the status of residence of “Engineer” provided for in the Immigration
Control and Refugee Recognition Act; or
(b)
activities which require knowledge at an advanced level pertinent to
human science, including jurisprudence, economics, business
management and accounting, or which require ideas and sensitivity based
on culture of a country other than Japan, under the status of residence of
“Specialist in Humanities/International Services” provided for in the
Immigration Control and Refugee Recognition Act.
2.
Activities which require technology or knowledge at an advanced level pertinent
to natural or human sciences referred to in paragraph 1 mean activities in which the
natural person may not be able to engage without the application of specialised
technology or knowledge of natural or human sciences acquired by him or her, by, in
principle, completing college education (i.e. bachelor’s degree) or higher education.
Note:
Activities that meet the requirement specified in subparagraph 1(a) include
those related to architectural services, civil engineering services, and urban
planning and landscape architectural services. Activities that meet the
requirement specified in subparagraph 1(b) include those related to accounting,
auditing and bookkeeping services, specialty design services, trade fair and
exhibition organisation services, travel agencies and tour operator services, and
tourist guide services.
Section 6
Accompanying Spouse and Children
1.
Entry and temporary stay shall be granted to a spouse and children accompanying
a natural person of Australia who has been granted entry and temporary stay in
accordance with Sections 2 through 5, in principle for the same period as the period of
temporary stay granted to the natural person, provided that such spouse and children
obtain maintenance from the natural person and engage in daily activities recognised
under the status of residence of “Dependent” provided for in the Immigration Control
and Refugee Recognition Act.
2.
A spouse who has been granted entry and temporary stay in accordance with
paragraph 1 may, upon application, have his or her status of residence changed to that
under which he or she is allowed to work, subject to the approval of the Government of
Japan in accordance with the Immigration Control and Refugee Recognition Act.
Note:
For the purposes of this Section, the terms “spouse” and “children”
respectively mean a spouse or children recognised as such in accordance with
the laws and regulations of Japan.
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